MRP: C 6/133/9 f. 1
C 6/133/9 f. 1
Editorial history
19/10/11, CSG: Created page
This transcription required further work, 25/10/11, CSG
Suggested links
See John Acton the elder will
See John Acton the younger will
See Mary Hoddesdon will
See C 6/17/7 f. 1
See C 6/133/9 f. 2
See Chancery cases
To do
Abstract & context
The Bill of Complaint of Jane Borraston, one of the daughters of Richard Borraston the elder, deceased, of XXXX, in the county of Worcestershire, gent. and of Elizabeth, his wife.
Elizabeth Borraston was one of the daughters of John Acton the elder, and thus Jane is a niece of John Acton the younger, whose executrix was Mary, née Aylmer. Mary Aylmer was a daughter of Tobell Aylmer, London merchant and relative of Elizabeth Sallison and Sir George Oxenden.
The Bill confirms that Mary's second husband was John Grigg, now deceased, and that her third husband was Christopher Hoddesdon, who is co-defendant with Mary to the Bill of Complaint.
The Bill of complaint claims the Acton the elder's will required John Acton the younger to become bound to Anthony Acton, brother of John the elder, to pay £1200 to each of John the elder 's daughter Borraston's daughters living at the age of twenty-one. Maintains that John Acton the younger neglected to become bound to Anthony Acton. States that John Grigg died about one year after his marriage with the widowed Mary. States that the rewidowed Mary about three or four years after the death of Grigg married Christopher Hoddeston of the Inner Temple, London, gentleman. Demands the appearance of Christopher and Mary Hoddesdon under oath before the Court to establish facts. The bill is signed by the lawyer Tho: Powys.
Transcription
//XXXX day of ffebruary 1650 [Top LH side]
//To the Right Honorable Lords Com:rs ffor the//
//XXXX Custody of the Greate Seale of England//
//Humbly complaininge sheweth unto your Hono:rs yozr dayly Oratrix Jane Borraston one of the daughters of Richard Borraston the elder nowe of XXXXXX in the XXXXX of//
//the ?Stock in the County of Worcester gent and of Elizabeth his wife; W:ch said Elizabeth was one of the daughters of John Acton the elder Late Cittizen and Goulde Smithe of London XXX//
//The said John Acton the elder by his last will and Testament by him made and published in Writeinge under his hand and Seale bearinge date on or about the fifteenth day of//
//ffebruary in the Eleaventh yeare of the Raigne of the late King Charles over England xr, Amongst other things did give devise appoynt and bequeath in Mannor and fforme ffollowinge//
//and in the words that is to say, I give to my Sonne John Acton all such money as oweinge or payable to mee by the Kings Matie, upon condicon that hee doo ?satisfie my//
//executrix in convenient tyme of all such money gould and plate as hath beene delivered to mee upon accompt for his Maties service and shall in the meane tyme sufficiently//
//save and keepe her harmlesse of and from the same, And of and from all accons suits and demands that shall or may concerne the same or any part or parts thereof And//
//shall give his sufficient bond to my Executrix in that behalfe within one Moneth next after my decease; And upon condicon alsoe that my said sonne John Acton shall//
//within three Moneths next after my decease; become bound unto my Brother Anthony Acton in the somme of Twelve hundred pounds to pay to each of my daughters//
//Borastons children that shall live unto the age of one and twenty yeares the summe of One hundred pounds a peece of Lawfull English money when and as soone as they shall//
//severally attayne to the age of one and twenty yeares (as m'and by the said last will and Testament of him the said John Acton the elder now at large appeareth) And yo.r XXXX//
//further sheweth unto yo:r Hono:rs That Blandina wife of him the said John Acton the elder was by his last will and Testament made his sole executrix thereof, And that XXX//
//shortly after the makeinge and publishing of the said last will and testament him the said John Acton the elder dyed; And shee the said Blandina proved the XXXX will and XXXX//
//forme of XXXX, before the then Lawfull Judge to whome the probate thereof did then lawfully apperteyne; After probate whereof hee the said John Acton the younger by//
//vertue of the clause and guift in the late last will and Testament of him the said John Acton the elder had and received of such money as was oweinge and payable to him the XXXX//
//John Acton the elder by his said Matie Charles late King of England xr. The summe of ffower thousand pounds att leaste, And hee the said John Acton the younger did alsoe aXXXXX//
//to the last will and Testament of him the said John Acton the elder discharge her said Executrix and kept her harmlesse and gave her security for the same; But your XXXX//
//Oratrix sheweth unto yo.r Hono:rs that the said John Acton the younger did altogether neglect to be come bounde to the said Anthony Acton in the summe of Twelve hundred pounds//
//or any Summe at all to pay to each of the children of the said Testators daughters, (called in respect of her marriage with the said Richard Borraston by the name of Boraston//
//that should live unto the age of One and twenty yeares whereof your Oratrix is one the summe of One hundred pounds a peace of lawfull English money, yet hee the said//
//John Acton the younger obteyned the said money due to the said XXXXXXXXXXXXXXXXXXXXXXXXXX to the summe of ffower thousand pounds at Leaste And yo:r Oratrix further//
//sheweth unto yor Hono:rs that hee the said John Acton the younger XXXXXXXXXXXXXXXXXXXXXXXXXXX due to the said Testato:r from the said late King as well there by as by other//
//greate Legacies and bequeathes given by the said Testator unto XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX And afterwards in or about the Moneth of January One thousand Six//
//hundred fforty and seaven, hee the said John Acton the younger XXXXXXXXXXXXXXXXXXXXXXXXXXXXX last will and Testament in writeinge and there by did devyse and//
//bequeath unto Mary his then wife all or the greatest part of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX greate and made her the said Mary sole Executrix of his said last will and //
//Testament, where by shee the said Mary had and obteyned into her XXXXXXXXXXXXXXXXXXXXXXXXXXXXX of her said husband John Acton the younger to the value of six or seaven//
//thousand pounds at least, and thereby shee the said Mary became XXXXXXXXXXXXXXXXXXXXXXXXXXX
//and beinge soe XXXXXXXXXXXX by her said husband John Acton the younger XXXXXXXXXXXXXXXXXX
//afterwards intermarryed did alsoe receive as a further debt due from XXXXXXXXXXXXXXXXXXXXXXXX
//at Least, And yet the said porcon of money of One hundred pounds XXXXXXXXXXXXXXXXXXXXXX
//shee was the widd of the said John Acton the younger and his XXXXXXXXXXXXXXXXXXXXX
//or porcon of One hundred pounds before Xpaym:t thereof hee the said XXXXXXXXXXXXXXX
//the said Mary possessed of a greate personall estate of her said former husbands John Acton the younger; the property thereof beinge not altered of the value of six or seven thousand//
//pounds at least, and shee the said Mary beinge alsoe thereof possessed is still chargeable with your Oratrix porconn of One hundred pounds as aforesaid afterwards about three or fower//
//yeares since shee the said Mary did Marry and toooke to husband one Christopher Hoddesdonm, nowe of the Inner Temple London Gentleman, Which said Christopher Hoddesdon and the said//
//Mary his newe wife, by vertue of the said Mary her Executorshipp of the last will and testament of the said John Acton the younger are or were alsoe possessed of the personall estate and //
//him the said John Acton the younger to a greate value, And yet although yo:r Oratrix XXXX yeares XXXX are due att anie date XXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//her said Legacie or porcon was appoynted to bee paid XXXXXXXXXXXXXXXXXX
//said Oratrix, XXXXXXXXXXXXXXXXXXXXXXXXXXX
//any tyme or tymes whatsoever come to theyre or eyther of theyre hands or possesssion, or to the hands of the said Mary or any othe person or persons, to or for they XXXXXXXXXXXXXXXXXXXX//
//uses, and to what value or summe of money XXXXXXXXXXXXXXXXX
//XXXXXXXXXXXXXXX and what XXXXXXXXX of the goods were undervallued, And that a true accompt may bee thereof made, And yo:r Oratrix may by yo:r
Testators said last will and Testament XXXXXXXXXXXXXXXXXXX Oratrix XXXXXXXXX and XXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXXXXX and unto her according to the XXXXXXXXXX
Christopher Hoddesdon XXXXXXXXXXX his wife make a full and perfect answere to all the matters before//
//XXXXXXXXXXXX and that XXXXXXXXXXOratrix may bee releived their XXXXXXXXXXXXXXXX
shall appertaine May it please yo:r Hono:rs to grannte to yo:r Oratrix a Writt or pXXXX of Subpena to bee//
//directed to XXXXX
and eyther of them att a certaine day and under a certaine paine therein to bee Lymitted to bee and//
//appeare before yo:r Hono:rs in the High Court of Chancery then and there to answere the p:rmisses, and to stand and to abide such further orders and ??deciccons as to your Hono:rs shall thinke meet//
//and your Pratrix shall pray xr.//
//Tho: ?Powys [Bottom RH side]
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